The Eleventh Circuit Court of Appeals has determined that Florida’s “Engle” litigation framework—under which a plaintiff may rely on a former class action’s generic jury findings about nicotine cigarettes to establish a particular tobacco company’s strict liability and negligence—effectively operates as a state ban on cigarettes. The court reasoned that such a ban contravenes Congress’s aim to regulate, but not ban cigarettes, and is thus preempted by federal law. See Graham v. R.J. Reynolds Tobacco Co., No. 13-14590, 2015 U.S. App. LEXIS 5657 (11th Cir. Apr. 8, 2015).
April 13, 2015 - Categories: Legal Developments
Eleventh Circuit Confirms That An Insurer’s Subjective Determination Is What Matters When Policy Language Requires Proof Of Loss That Is “Satisfactory To The Insurer”
In Fla. Tube Corp. v. MetLife Ins. Co. of Conn, No. 14-10824, 2015 U.S. App. LEXIS 4208 (11th Cir. Mar. 17, 2015) (unpublished), the Eleventh Circuit Court of Appeals considered whether a life insurer was obligated to pay benefits upon its receipt of circumstantial evidence of the insured’s death, despite the fact that the insurer found the evidence to be insufficient given the circumstances surrounding the alleged death. The key issue for determination was whether policy language requiring the insurer to pay benefits upon its receipt of "any other proof satisfactory to [the insurer]" vested it with the necessary measure of discretion to deny the claim.
March 31, 2015 - Categories: Legal Developments
NBC News Video Clip and Daily Business Review Article Regarding Hernandez Lee's Filing of Federal Complaint on Behalf of Man Arrested and Jailed for a Crime he Did Not Commit.
October 2, 2013 - Categories: Firm News